Domestic violence is an urgent issue, harming people from all walks of life. It is common for the legal system to question whether a survivor of domestic violence is credible because they do not behave, look, or speak, the way the court may expect. Our society, including the legal system, is rife with racism and implicit biases that often result in survivors not being believed.
In response, NYLAG has launched the #RethinkCredibility campaign to highlight why the legal system’s failure to understand the intersections of racism, poverty, and trauma often results in a denial of justice for domestic violence survivors. And what we can do change it. Below are highlights from a live Twitter chat we held with a number of domestic violence leaders and providers on this issue.
Why is it important to #rethinkcredibility when it comes to survivors of domestic violence?
A1: DV survivors rarely act or look the way the court expects a “credible witness” to due to implicit biases. Because of this, they are less likely to be believed and are often left unprotected. We need to #RethinkCredibility to prevent the system from failing survivors. https://t.co/x9vWqbm3K1
— Sanctuary for Families (@SFFNY) October 22, 2020
A1) A lot of our ideas about what a "credible" survivor looks like are based on outdated or just incorrect stereotypes. For example, survivors are just as likely to appear angry, frustrated, or even with a flat affect as they are likely to appear frightened. #RethinkCredibility https://t.co/iBSUin7i1w
— Her Justice (@herjusticenyc) October 22, 2020
How can poverty affect how a domestic violence survivor interacts with our legal system?
A2: People of color are disproportionately poor as a result of oppression, historical disadvantages and discriminatory practices that have been institutionalized. This creates barriers to services, resources and opportunities, such as legal services #rethinkcredibility https://t.co/whwRLEnXOs
— Violence Intervention Program (@VIPMujeres) October 22, 2020
A2: Money is power. Economic abuse is real for 98% of survivors. #DV Survivors without money to litigate or find good attorney who understands #DV are intimidated & feel powerless. Abusers w money & power & told the survivor they will lose in court. #RethinkCredibility #DVAM
— Urban Resource Institute (@URI_NYC) October 22, 2020
Where courts continue to criminalize and punish poverty, a survivor without means not only risks not receiving protection, they risk being sanctioned, losing custody of their children and having the court become another source of devastation and abuse. #RethinkCredibility #DVAM https://t.co/gtgV9wB8Rx
— Sexual Violence Law Center (@SVLawCenter) October 22, 2020
A2) Poverty restricts access, the less income a survivor has, the fewer services they can afford, the less time they can take off from work, the harder it is to get or do the things they need to in order to position themselves in the best light for their case. #RethinkCredibility https://t.co/NdymsaktZc
— Her Justice (@herjusticenyc) October 22, 2020
How does the legal and justice system perpetuate racism against survivors of color?
A3: Survivors of color often face biases and are disproportionately punished for a crime rather than being acknowledged as the survivor of a crime or act of violence. It’s not surprising that survivors of color may lack trust in the legal and judicial system. #RethinkCredibility https://t.co/Xkx1k2H889
— FloridaLegalServices (@FLLegalServices) October 22, 2020
We have witnessed Black and Brown women met with skepticism and judgement when they tried to seek support. A large number of our clients have reported that when they have contacted law enforcement, their stories weren't believed and were encouraged not to make a report. https://t.co/kAkJBQTvGH
— SafeHorizon (@SafeHorizon) October 22, 2020
A3: Systemic racism is rampant in the legal system. It is a system that does not recognize pain of survivors of color in the same way it does for white people. Survivors of color are more likely to be disbelieved by the courts, which further traumatizes them. #rethinkcredibility https://t.co/G16BBjivPK
— Legal Services NYC (@LSNYCnews) October 22, 2020
A report published by @GeorgetownLaw found that “adults view Black girls as less innocent…than their white peers.” Racist/implicit biases impact credibility determinations, as well as the level of sympathy we have seen given to Black victims versus white victims (1/2) https://t.co/su1EtoT77R
— New York Legal Assistance Group (NYLAG) (@nylag) October 22, 2020
How does trauma affect how a survivor tells or recalls their story?
A4) Studies show trauma affects the ability to recall details chronologically and causes gaps in memory. The impacts
— NBCAFV (@NBCAFV) October 22, 2020
can permanent. Trauma can change brain chemistry and
function of areas of the brain. #RethinkCredibility #DVAM #NBCAFV#HealingNorthBrooklyn #WeAreNorthBrooklyn
A7: Survivors are powerful BECAUSE THEY SURVIVE. They continue to get up and face the day even with the shadows of their trauma following closely behind, even when the system fails them, and even when their truth is denied. #rethinkingcredibility https://t.co/9cV0UKctrK
— AAANY (@ArabAmericanNY) October 22, 2020
A4: Trauma manifests in several ways & can impact the cognitive functioning of a survivor (i.e. details may be fuzzy). A survivor can get triggered while telling their story, resulting in spontaneous impulsive actions, or suppress details as a coping mechanism #RethinkCredibility https://t.co/eDSwuJNB42
— Sakhi for South Asian Women (@SakhiNYC) October 22, 2020
What stereotypes have you witnessed being used against survivors?
A5: Immigrant survivors are often accused of fabricating abuse for immigration status. Child protective services may threaten to remove children of indigent survivors of color at a disproportionate rate assuming that they can’t protect/care for their children #RethinkCredibility https://t.co/IQ9XY6c9OC
— FloridaLegalServices (@FLLegalServices) October 22, 2020
@nylag A5: A common stereotype heard the most in court is “If she was really injured, she would have called the police or gone to the hospital.” This puts the burden on the victim and minimizes the abuse. #RethinkCredibility #DVAM
— Urban Resource Institute (@URI_NYC) October 22, 2020
A5) Presumptions are often made by what a survivor looks like, how she should sound, how she should act, that she must lack good judgment. It's a never-ending cycle of comparing survivors to a false standard based on stereotypes that are impossible to meet. #RethinkCredibility https://t.co/az4flwtXht
— Her Justice (@herjusticenyc) October 22, 2020
How could rethinking how we assess credibility transform the justice system for survivors?
A6: Survivors deserve to be heard, believed, and protected. We must #RethinkCredibility in order to guarantee fair and equal access to justice and protect our right to a life free from gender violence. https://t.co/QpOWd310bG
— Sanctuary for Families (@SFFNY) October 22, 2020
Rethinking credibility would create an environment where survivors feel more comfortable seeking help from the legal system. Creating a safe space in the legal system would allow survivors to access the resources and protection that they need to start to rebuild their lives. https://t.co/4nJee3vqa9
— SafeHorizon (@SafeHorizon) October 22, 2020
A6: Simply put, assessing a survivor’s credibility from an intersectional lens results in a more equitable system for ALL. Understanding trauma & treating survivors with dignity and respect will be key in rebalancing the scales of justice. #RethinkCredibility #DVAM https://t.co/Y6UkENgCxe
— Sakhi for South Asian Women (@SakhiNYC) October 22, 2020
Why are survivors powerful?
Survivors are powerful because in the face of danger and an unjust system, they continue to work, live, thrive, and inspire others to speak up too. #RethinkCredibility #DVAM https://t.co/VRaI83YsYc
— Arab-American Family Support Center (@AAFSC) October 22, 2020
A7: Survivors are powerful BECAUSE THEY SURVIVE. They continue to get up and face the day even with the shadows of their trauma following closely behind, even when the system fails them, and even when their truth is denied. #rethinkingcredibility https://t.co/9cV0UKctrK
— AAANY (@ArabAmericanNY) October 22, 2020
A7: Survivors are powerful because they've seen the darkest of days and emerged on the other side knowing how much they are capable of overcoming. #RethinkCredibility https://t.co/4VtBzW6JFw
— FloridaLegalServices (@FLLegalServices) October 22, 2020